What is an ADVO?
ADVO – What is an ADVO
An ADVO, or an Apprehended Domestic Violence Order, is a type of AVO that protects a person from someone who they are, or were, in a domestic relationship with.
A domestic relationship means that the two parties were or are married, in a de facto relationship or an intimate personal relationship.
‘Domestic relationship’ also covers parties that are living together or have lived together, have or had a relationship where one party cares for the other party (both paid and unpaid care), or are relatives.
Additionally, if the parties are Aboriginal or Torres Strait Islander, ‘domestic relationship’ encompasses a situation when the two people are part of each other’s extended family or kin, in accordance with Indigenous kinship culture.
From 3 December 2016, ‘domestic relationship’ has extended to cover the relationship between someone’s current partner and their former partner the ADVO is again.
An ADVO lasts for as long as it states on the Court Order, however, it normally doesn’t last longer than 2 years.
They start on the day of the Court Order.
Get An ADVO removed
If you don’t agree to an ADVO there is a chance for you to contest it.
If you decide to contest it you will appear in front of the court and argue why you shouldn’t have an ADVO placed on you.
You may want to seek legal representation to defend yourself against an ADVO.
Once you have an ADVO on your record, it could affect you down the line, especially if you are considering obtaining child custody rights in the future.
The effect of ADVO on parenting orders
If parenting proceedings are commenced in the Federal Circuit Court or Family Court, the court is obligated by law to consider any allegations of family violence when making decisions about the children.
You may want to know – ‘what is an advo and how does it affect my time with my children’ because you have been served with one recently.
It is important to note that orders of the Federal Circuit Court or Family Court override orders or restrictions in ADVOs.
This means that if there is an ADVO preventing you from spending time with your children, and the Federal Circuit Court or Family Court provide an order for you to spend time with your children, you should follow the Family Court orders.
The Court Orders from the Federal Circuit Court or Family Court must be attached to the ADVO so that the Local Court is aware the conditions have been overridden by another order.
Inconsistency between Family Court and Local Court Orders
Orders of the Federal Circuit Court or Family Court override orders or restrictions made in the Local Court.
For example, you may have an ADVO stating you are not to be within 50 metres of the residence of your children.
If you have Parenting Orders from the Federal Circuit Court that say you are to collect your child at 4:00pm Wednesday from the residence of the protected person of an ADVO, you won’t be breaching the ADVO if you do what is stated in the parenting orders.
However, this does not give you a free pass to ignore what is in the ADVO.
If you attend the residence of a protected person for any other reason, you will be in breach of the ADVO and could go to jail.
What is an AVO
An ADVO is a specific type of AVO.
It stands for an Apprehended Domestic Violence Order.
In domestic violence situations requiring an ADVO, police have the authority to take out an AVO even in circumstances where the alleged victim does not believe it is necessary and does not wish to proceed with the Order.
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Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.